Lawyers for the man who committed the Aurora movie theater shooting say in a new motion that prosecutors should not be able to see all the details of the shooter’s court-ordered psychiatric evaluation.

The motion — along with another, both filed Wednesday and made public Thursday — argues that prosecutors shouldn’t have access to nurses’ notes, staff observations, testing materials and other items related to James Holmes’ evaluation at the Colorado Mental Health Institute in Pueblo. The evaluation was ordered by a judge after Holmes pleaded not guilty by reason of insanity to charges that he killed 12 people and wounded dozens more in the July 2012 theater attack.

Holmes’ attorneys have acknowledged that he killed the theatergoers but say he was “in the throes of a psychotic episode” at the time.

Under state law, defendants pleading insanity partially waive their doctor-patient privileges, giving prosecutors access to details about their claimed mental illness. The waiver — plus the court-ordered independent evaluation — is meant to put prosecutors on equal footing with defense attorneys in arguing about a defendant’s mental health.

But Holmes’ attorneys contend in the motion that the waiver is limited and does not give prosecutors access to information beyond what Holmes said to doctors about his mental state and the report from the evaluation. Prosecutors have filed multiplesubpoenasseekinginformation surrounding Holmes’ evaluation as well as details about his treatment by a psychiatrist.

Although prosecutors now have the report on Holmes’ evaluation — which was completed earlier this month — the two defense motions signal that the fight over the report is only just beginning. In the second motion filed Wednesday, Holmes’ attorneys ask to be able to file “a number of motions that involve significant and important legal issues arising from this report.”

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